I know that now, if after you complete a work contract in Taiwan you need more time to get new work, you can apply to have your ARC extended 6 months. I’m planning on ending my work contract prematurely (leaving before my contract is up).
If you leave a contract early instead of completing it, does this disqualify you to extend your ARC to find new work?
I know that as a US citizen I get visa exempt entry in Taiwan, but I’ve heard that I’d have to have a return ticket to my country to qualify for visa-exempt entry (that’s what the thread on the top of this forum says anyway). When I first came here, I came with a visa. My question is, if I do the whole Hong Kong run thing (go to Hong Kong and come back to Taiwan to reset my 90 days) will I not have this problem? I can just buy a ticket to Hong Kong and a ticket back to Taiwan, right? I would assume this method still works, as I’ve heard about it a lot (some people who simply don’t have an ARC and just choose to leave Taiwan and go to Macau or Hong Kong every 3 months so they can work part time, work as a tutor, etc.).
I’m wanting to do freelance translating work. What kind of problems may I encounter with this? I was kind of thinking i’d just do the Hong Kong run every three months so I wouldn’t have to worry about the whole ARC thing, seeing as I don’t see how I could apply for an ARC while freelancing. Does anyone have any information about this?
[quote=“GenOaish”]I know that now, if after you complete a work contract in Taiwan you need more time to get new work, you can apply to have your ARC extended 6 months. I’m planning on ending my work contract prematurely (leaving before my contract is up).
If you leave a contract early instead of completing it, does this disqualify you to extend your ARC to find new work?[/quote]
[quote=“Regulations Governing Visiting, Residency, and Permanent Residency of Aliens”]Article 22
An alien, the residency for whom is granted based on the investment in Taiwan, the employment in Taiwan pursuant to subparagraphs 1 to 7 of paragraph 1 of Article 46 or Subparagraph 1 of Paragraph 1 of Article 48 of the Employment Services Act, or the special approval by the Ministry of the Foreign Affairs, under special circumstances may submitted a written explanation to extend the length of stay from the National Immigration Agency prior to the expiration of the residency; spouses and underage children of the aliens who have been verified for residency can also apply through the same process. Upon approval, applicants can leave the State 6 months after the expiration of the residency.[/quote]
Whether they make a fuss about the reason for termination of the contract is up to them, I suppose. If you have a valid reason for quitting (see the Labor Standards Act), put it in writing when you quit.
[quote=“GenOaish”]2. I know that as a US citizen I get visa exempt entry in Taiwan, but I’ve heard that I’d have to have a return ticket to my country to qualify for visa-exempt entry (that’s what the thread on the top of this forum says anyway). When I first came here, I came with a visa. My question is, if I do the whole Hong Kong run thing (go to Hong Kong and come back to Taiwan to reset my 90 days) will I not have this problem? I can just buy a ticket to Hong Kong and a ticket back to Taiwan, right? I would assume this method still works, as I’ve heard about it a lot (some people who simply don’t have an ARC and just choose to leave Taiwan and go to Macau or Hong Kong every 3 months so they can work part time, work as a tutor, etc.).
I’m wanting to do freelance translating work. What kind of problems may I encounter with this? I was kind of thinking I’d just do the Hong Kong run every three months so I wouldn’t have to worry about the whole ARC thing, seeing as I don’t see how I could apply for an ARC while freelancing. Does anyone have any information about this?[/quote]
Working without a work permit or work permit exemption (JFRV, APRC*, WHV, etc.) is illegal, and unfortunately that includes online work that you could do legally from outside Taiwan, as discussed in another thread (last year?).
It seems that airlines care more about onward/return tickets than immigration officers do. If an airline makes a fuss about it, you can offer to sign a declaration that you will accept responsibility if the immigration officer demands a plane ticket. For HK, you don’t need a plane ticket if your intention is to travel to Mainland China by land (bus, train or private vehicle), and you don’t need a Chinese visa to prove your intention because you can apply for it while in HK. (This is according to the HK gov’t, a few years ago. Probably still true today.)
laws.mol.gov.tw/ ← Is this the website you got your information from as well? I found some information about the notice I need to give before leaving.
Seems like a pretty good deal, but I’m not sure if these labor laws are different for foreigners? I would imagine they are the same…
As for working without a permit, is it possibly for a foreigners to get a permit for freelance work?
Good information about the airlines and immigration officials. I suppose my question is, do I need to apply for a visa to come back to Taiwan after going to Hong Kong, or can I just stay for 3 months on “visa exempt entry” ?
laws.mol.gov.tw/ ← Is this the website you got your information from as well? I found some information about the notice I need to give before leaving. [/quote]
Yes. They have some laws/regulations in English but some only in Chinese.
Seems like a pretty good deal, but I’m not sure if these labor laws are different for foreigners? I would imagine they are the same…
As for working without a permit, is it possibly for a foreigners to get a permit for freelance work?
Good information about the airlines and immigration officials. I suppose my question is, do I need to apply for a visa to come back to Taiwan after going to Hong Kong, or can I just stay for 3 months on “visa exempt entry” ?[/quote]
Basically no, there’s no freelance work permit, so freelance work is illegal unless you have an exemption. (Check the threads on marriage, permanent residence, and working holidays. You can also look for a thread about freelance work and taxes. The tax and immigration authorities don’t have the same priorities, so some foreigners have assumed they were working legally when actually they weren’t.) This means you can stay in Taiwan for 90 days visa free (depending on your nationality) and look for a job, but you can’t work unless you get a work permit. (Check other threads for whether or not you can get a work permit without first getting a visa.)
Most laws don’t discriminate against foreigners, and this includes the Labor Standards Act, which covers most jobs (the Ministry of Labor decides who is and isn’t covered). Before you resign from any job you should make sure you’re covered by the Act, read through the whole thing and the related laws and regulations (Enforcement Rules of the Labor Standards Act, Regulations of Leave-Taking of Workers, etc.) and compare them with your contract and work rules. If the company has been breaking the law, you may be entitled to severance pay. Check Article 14 (not 16). If you have any doubts, contact your local labor department (City Hall) or branch of the Legal Aid Foundation and ask for free legal advice.
Ps. One law that does discriminate against foreigners is the Labor Pension Act. Basically it doesn’t apply to you unless you’re married to a local, but that’s okay because the Labor Standards Act gives higher severance pay anyway.
laws.mol.gov.tw/ ← Is this the website you got your information from as well? I found some information about the notice I need to give before leaving.
Seems like a pretty good deal, but I’m not sure if these labor laws are different for foreigners? I would imagine they are the same…
As for working without a permit, is it possibly for a foreigners to get a permit for freelance work?
Good information about the airlines and immigration officials. I suppose my question is, do I need to apply for a visa to come back to Taiwan after going to Hong Kong, or can I just stay for 3 months on “visa exempt entry” ?[/quote]
It is important to note what auntie Peng has said a thousand times before and will say a thousand more:
If you leave your job early, do not assume you can stay until 10 days/any period of time/your ARC’s printed date. Your visa -work visa in this case- expires when the company -that holds your work permit- communicated so to the NIA -pertinent authority in this case. Please note that the company is in no way obligated to tell you when that was done.
So, we cannot answer your question as how many days you have a right to stay until you determine when your work visa was cut off. The ones who know truly are in NIA. They are the only ones that have access to this information. And you have to get in touch with them to stay over if it is a 6 month window of grace you want. So stick to them like peanut butter.
And no, no permits are issued for foreigners to freelance -that would imply that the work visa belongs to the foreigner.
Your only recourse seems to find another job. I would recommend to extend your ARC for 6 months if you want to come back, then go to Hog Kong -if you want to visit. If you come back under the visa free agreement, you will lose what time you have accrued towards the permanent ARC status.
Many people do come and go until they get caught and many work illegally. It is risky and many get caught but mostly are exploited by those who know they have you on a hot spot.
laws.mol.gov.tw/ ← Is this the website you got your information from as well? I found some information about the notice I need to give before leaving.
Seems like a pretty good deal, but I’m not sure if these labor laws are different for foreigners? I would imagine they are the same…
As for working without a permit, is it possibly for a foreigners to get a permit for freelance work?
Good information about the airlines and immigration officials. I suppose my question is, do I need to apply for a visa to come back to Taiwan after going to Hong Kong, or can I just stay for 3 months on “visa exempt entry” ?[/quote]
It is important to note what auntie Peng has said a thousand times before and will say a thousand more:
If you leave your job early, do not assume you can stay until 10 days/any period of time/your ARC’s printed date. Your visa -work visa in this case- expires when the company -that holds your work permit- communicated so to the NIA -pertinent authority in this case. Please note that the company is in no way obligated to tell you when that was done.
So, we cannot answer your question as how many days you have a right to stay until you determine when your work visa was cut off. The ones who know truly are in NIA. They are the only ones that have access to this information. And you have to get in touch with them to stay over if it is a 6 month window of grace you want. So stick to them like peanut butter.
And no, no permits are issued for foreigners to freelance -that would imply that the work visa belongs to the foreigner.
Your only recourse seems to find another job. I would recommend to extend your ARC for 6 months if you want to come back, then go to Hog Kong -if you want to visit. If you come back under the visa free agreement, you will lose what time you have accrued towards the permanent ARC status.
Many people do come and go until they get caught and many work illegally. It is risky and many get caught but mostly are exploited by those who know they have you on a hot spot.[/quote]
No freelancer has ever been caught that I know of. Kindy teachers yes. But there are a shitload of us working as freelance editors/translators, paying taxes, doing visa runs. And also its super easy to get a 6 month extension once you quit your job. Simply head to the NIA with your certificate of employment. They might make you write a wee letter explaining you intend to look for a new job. I quit a job after 3 weeks once and they gave me a 6 month extension without a blink of an eye.
Thanks for the information so far! I told my employer that I wanted to leave as soon as possible, and they convinced me to let them try to fix the issues I cited as reasons for quitting before I decide to go. I’ll post an update once I’ve made my decision
You won’t have any difficulty to get a 6 months extension. Sometimes, they don’t even ask you to write a letter to explain why you want the extension. I got one 3 times already, one after having worked only 3 weeks as well!
If you want peace of mind, go to the labor office the very next day you leave your company and apply for an extension.